Ouagadougou Declaration and Plan of Action on Accelerating Prisons and Penal Reforms in Africa

The Ouagadougou Declaration
and Plan of Action on Accelerating Prisons and Penal Reforms in Africa

Recognising that there has been progress in raising
general prison standards in Africa as recommended by the Kampala Declaration
on Prison Conditions 1996

Recognising also the specific standards on alternatives to
imprisonment contained in the Kadoma Declaration on Community Service Orders
in Africa 1997; and on good prison administration set out in the Arusha Declaration
on Good Prison Practice 1999

Noting the recognition given to these African standards by
the United Nations as complementary to the United Nations Standard Minimum
Rules for the Treatment of Prisoners, the Declaration on the Basic Rights
of Prisoners and the United Nations Standard Minimum Rules for non-custodial
measures (the 'Tokyo Rules')

Mindful of the key role played by Africans in formulating
an agenda for penal reform through the 1999 Egham Conference on 'A New Approach
for Penal Reform in a New Century'

Noting with satisfaction the important practical steps that
have been taken to implement these standards at an African level through the
activities of the African Commission on Human and Peoples' Rights and its
Special Rapporteur on Prisons and Conditions of Detention

Commending the practical measures that have been taken by
prison authorities in African countries to apply these standards in their
national jurisdictions

Recognising that notwithstanding these measures there are
still considerable shortcomings in the treatment of prisoners, which are aggravated
by shortages of facilities and resources

Welcoming the growing partnerships between Governments, non
governmental organizations and civil society in the process of implementing
these standards

Emphasising the importance of a criminal justice policy that
controls the growth of the prison population and encourages the use of alternatives
to imprisonment

The participants at the second pan-African Conference on Prison and Penal
Reform in Africa, held in Ouagadougou, Burkina Faso between 18-20 September
2002, recommend:

1. Reducing the prison population

Criminal justice agencies should work together more closely to make less use
of imprisonment. The prison population can only be reduced by a concerted
strategy. It should be based on accurate and widely publicized information
on the numbers and kinds of people in prison and on the social and financial
impact of imprisonment. Reduction strategies should be ongoing and target
both sentenced and unsentenced prisoners

2. Making African prisons more self-sufficient

Further recognition should be given to the reality that resources for imprisonment
are severely limited and that therefore African prisons have to be as self
sufficient as possible. Governments should recognize, however, that they are
ultimately responsible for ensuring that standards are maintained so that
prisoners can live in dignity and health.

3. Promoting the reintegration of offenders into society

Greater effort should be made to make positive use of the period of imprisonment
or other sanction to develop the potential of offenders and to empower them
to lead a crime-free life in the future. This should include rehabilitative
programmes focusing on the reintegration of offenders and contributing to
their individual and social development.

4. Applying the rule of law to prison administration

There should be a comprehensive law governing prisons and the implementation
of punishment. Such law should be clear and unambiguous about the rights and
duties of prisoners and prison officials. Officials should be trained to follow
proper administrative procedures and to apply this law fairly. Administrative
decisions that impact on the rights of prisoners should be subject to review
by an independent and impartial judicial body.

5. Encouraging best practice

Further exchange of examples of best penal practice is to be encouraged at
national, regional and international levels. This can be enhanced by the establishment
of an all-African association of those involved in penal matters. The rich
experience available across the continent can best be utilized if proven and
effective programmes are progressively implemented in more countries. The
Plan of Action to be developed from the proceedings of the Ouagadougou Conference
will serve to further such exchange.

6. Promoting an African Charter on Prisoners' Rights

Action should be taken to promote the draft African Charter on Prisoners'
Rights as an instrument that is appropriate to the needs of developing countries
of the continent and to refer it to the African Commission on Human and Peoples'
Rights and the African Union.

7. Looking towards the United Nations Charter on the Basic Rights of Prisoners

The international criminal justice community should look towards developing
a United Nations Charter of Basic Rights for Prisoners with a view to strengthening
the rule of law in the treatment of offenders. African experience and concerns
should be reflected in this Charter, which should be presented to the 11th
United Nations Congress on the Prevention of Crime and Criminal Justice in
Bangkok, Thailand, 2005.

Plan of Action

The participants recommend the following measures as forming part of a plan
of action to implement the Ouagadougou Declaration on Accelerating Prison
and Penal Reformin Africa.

The document is addressed to governments and criminal justice institutions
as well as to non-governmental organisations and associations working in this
field. It is meant to be a source of inspiration for concrete actions.

1. Reducing the prison population

Strategies for preventing people from coming into the prison system include:

Use of alternatives to penal prosecution such as diversion in cases
of minor offences with particular attention to young offenders and people
with mental health or addiction problems.

Recognition of restorative justice approaches to restore harmony within
the community as opposed to punishment by the formal justice system - including
wider use of family group conferencing, victim offender mediation and sentencing
circles.

Use of traditional justice as a way of dealing with crime in line
with constitutional guarantees and human rights standards.

Improving referral mechanisms between the formal (State) justice system
and the informal (non State) justice system.

Decriminalisation of some offences such as being a rogue and vagabond,
loitering, prostitution, failure to pay debts and disobedience to parents.

Strategies for reducing the numbers of unsentenced prisoners include:

Co-operation between the police, the prison services and the courts
to ensure trials are speedily processed and reduce the delays of remand detention
through: regular meetings of caseload management committees including all
criminal justice agents at the district, regional and national levels; making
of costs orders against lawyers for unnecessary adjournments; targeting cases
of vulnerable groups.

Detention of persons awaiting trial only as a last resort and for
the shortest time possible, including: increased use of cautioning; improved
access to bail through widening police powers of bail and involving community
representatives in the bail process; restricting the time in police custody
to 48 hours; setting time limits for people on remand in prison.

Good management of case files and regular review of the status of
remand prisoners.

Greater use of paralegals in the criminal process to provide legal
literacy, assistance and advice at a first aid level.

Strategies for reducing the numbers of sentenced prisoners include:

Setting a target for reducing the prison population.

Increased use of proven effective alternatives, such as community
service and exploring other sanctions such as partially or fully suspended
sentence, probation and correctional supervision.

Imposition of sentences of imprisonment only for the most serious
offences and when no other sentence is appropriate, i.e. as a last resort
and for the shortest time possible.

Consideration of prison capacity when determining decisions to imprison
and the length and terms of imprisonment.

Review and monitoring of sentencing practice to ensure consistency.

Powers to courts to review decisions to imprison, with a view to substituting
community disposals in place of prison.

Early and conditional release schemes, furloughs and home leave -
criteria for early release should include compassionate grounds based on health
and age.

2. Making African prisons more self-sufficient

Foster prison agriculture, workshops and other enterprises for the
good of prisoners and staff.

encouraging civil
society groups to visit the prison and work with offenders;

improve the environment
for visitors so that physical contact is permissible;

provide facilities for
conjugal visits;

setting up a privilege system including day, week-end and
holiday leave subject to satisfying appropriate criteria.

Sensitize families and community in preparation for the reintegration
of the person back into society and involve them in rehabilitation and development
programmes.

Develop half way houses and other pre-release schemes in partnership
with civil society groups.

Extend the use of open prisons in appropriate circumstances.

4. Applying the rule of law to prison administration

Ensure that prisons are governed by prison rules that are publicised
and made known to prisoners and staff.

Review prison legislation in line with national constitutional guarantees
and international human rights law.

Encourage independent inspection mechanisms, including the national
media and civil society groups.

Ensure staff are trained in the application of the relevant laws and
international principles and rules governing the management of prisons and
the prisoners' rights.

5. Encouraging best practice

Publicise

the Kampala Declaration on Prison Conditions in Africa 1996,

the Kadoma Declaration on Community Service Orders in Africa 1997,

the Ouagadougou
Declaration on Accelerating Prison and Penal Reform in Africa 2002;

the reports
of the Special Rapporteur on Prisons and Conditions of Detention in Africa;

the reports and statements of the heads of Correctional Services Conference
of Central, Eastern and Southern Africa (CESCA).

Develop and promote models for replication throughout the continent,
such as the Community Service scheme developed in Zimbabwe, the diversion
scheme in Namibia and South Africa, the sector-wide approach in Uganda, the
prison farm and paralegal models developed in Malawi or the use of biogas
technique developed in Rwanda.

Emphasise primary health care, hygiene education, nutrition and sanitation
promotion in the prisons and link health care of prisoners with the Ministry
of Health.

Develop approaches to HIV/AIDS based on international standards, including
sensitization and prevention campaigns for staff, prisoners and families,
as well as provision of condoms inside the prisons. Include the issue of AIDS/HIV
in prison in campaigns of sensitization for the community.

Apply UN safeguards guaranteeing protection of the rights of those
facing the death penalty where not yet abolished.

Promote specific juvenile justice laws and systematic use of alternatives
to imprisonment to deal with young offenders.

Encourage the establishment of a pan-African penal reform network.

6. Promoting regional and international Charters on Prisoners' Rights

Publicise the draft African Charter on Prisoners' Rights to be finalised
and further adopted by the African Commission on Human and Peoples’
Rights (ACHPR).

Contribute to finalising and promoting the United Nations Charter
on the Rights of Prisoners.